Best Practices: For Seizing Electronic Evidence
Best Practices: For Seizing Electronic Evidence
U.S. Department of
Homeland Security
United States
Secret Service
BEST PRACTICES FOR SEIZING
ELECTRONIC EVIDENCE
This third edition of the Best Practices for Seizing Electronic Evidence was updated
as a project of the United States Secret Service and participating law enforcement
agencies. A working group of various law enforcement agencies was convened to
identify common issues encountered in today's electronic crime scenes.
Representatives from the following agencies designed and developed this manual:
For additional copies, please contact the local office of the United States Secret Service.
The committee wishes to thank those departments and agencies who provided their
personnel and resources in support of the publication of this guide. This guide has
also been endorsed by the International Association of Chiefs of Police.
OFFICER SAFETY
The safety of the officer is paramount in the investigation of any crime. Today,
virtually every crime has an electronic component in terms of computers and
electronic technology being used to facilitate the crime. Computers used in crimes
may contain a host of evidence related to the crime being investigated, whether it is
a conventional crime or a terrorist act. In light of this, law enforcement officers and
investigators should not become complacent with individuals or their environment
simply because the crime may involve a computer.
Utilizing proper procedures and tactics will ensure your personal safety as well as
the safety of others at the electronic crime scene.
GOLDEN RULES
There are general principles to follow when responding to any crime scene
in which computers and electronic technology may be involved. Several of
those principles are as follows:
Do you have a legal basis to seize this computer (plain view, search
warrant, consent, etc.)?
Do not access any computer files. If the computer is off, leave it off.
If it is on, do not start searching through the computer.
GOLDEN RULES
EVIDENCE PRESERVATION
Stand-Alone Home
Personal Computer
For proper evidence preservation,
follow these procedures in order.
EVIDENCE PRESERVATION
EVIDENCE PRESERVATION
Network Server /
Business Network
• Consult a computer specialist for further
assistance
• Secure the scene and do not let anyone
touch except personnel trained to handle
network systems.
Storage Media
Storage media is used to store
data from electronic devices.
These items may vary in
memory quantity.
EVIDENCE PRESERVATION
PURPOSE
PURPOSE
In today's society, people utilize various electronic media and computers in
numerous aspects of their lives. Criminals also use a host of electronic media and
computers in facilitation of their unlawful activities. Modern and current technology
permits suspects to commit crimes internationally and remotely, obtain intelligence
and conduct counter-intelligence with near anonymity. Instant communication and
electronic mail provides a venue for communication between suspects as well as
victims.
As such, computers and other electronic media can be used to commit crimes,
store evidence of crimes and provide information on suspects and victims.
This field guide is designed to assist the patrol officer, detective and investigator in
recognizing how computers and electronic devices may be used as an instrument
of a crime or as a storage device for evidence in a host of federal and state crimes.
It will also assist these individuals in properly securing evidence and transporting it
for examination at a later time by a digital evidence forensic examiner.
We recommend that the patrol officer, detective and investigator consult and seek
assistance from their agency's resources or other agencies that seize electronic
media. This may include your local District Attorney, State Prosecutor or Assistant
United States Attorney.
AUTHORITY FOR SEIZING EVIDENCE
This guide assumes that the patrol patrol officer, detective or investigator is
legally present at a crime scene or other location and has the legal authority to
seize the computer, hardware, software or electronic media.
If you have a reason to believe that you are not legally present at the location or
the individual (suspect or victim) does not have the legal ability to grant consent
then immediately contact the appropriate legal counsel in your jurisdiction.
PLAIN VIEW
The plain view exception to the warrant requirement only gives the legal authority
to SEIZE a computer, hardware, software and electronic media, but does NOT
give the legal authority to conduct a SEARCH of this same listed electronic
media.
CONSENT
When obtaining consent, be certain that your document has language specific to
both the seizure and the future forensic examination of the computer hardware,
software, electronic media and data by a trained computer forensic examiner or
analyst.
SEARCH WARRANT
Search warrants allow for the search and seizure of electronic evidence as
predefined under the warrant. This method is the most preferred and is
consistently met with the least resistance both at the scene and in a court of law.
Search warrants for electronic storage devices typically focus on two primary
sources of information:
AUTHORITY
AUTHORITY
Special Issues
Role of the computer
• The search warrant should state the computer's role in the crime and why it will
contain evidence.
Nexus
• Establish why you expect to find electronic evidence at the search location.
Non-Disclosure
• May be necessary to protect the integrity of the investigation, to protect
informants or to prevent the disclosure of trade secrets / intellectual property.
Special Master
• Special legal considerations involving doctors, attorneys, spouses, publishers,
clergy, etc.
The following is a general reference guideline for consent forms pertaining to
computers and electronic media. Consult your District Attorney or Assistant
U.S. Attorney regarding consent language applicable to your jurisdiction.
I give this consent to search freely and voluntarily without fear, threat, coercion or
promises of any kind and with full knowledge of my constitutional right to refuse to
give my consent for the removal and / or search of the aforementioned equipment /
data, which I hereby waive. I am also aware that if I wish to exercise this right of
refusal at any time during the seizure and or search of the equipment / data, it will
be respected.
AUTHORITY
HOME NETWORKING ELEMENTS
Wireless
Modem Router Access Point
As seen in this picture, a home network is often comprised of a modem, router and
desktop or laptop computers.
When confronting a home network, you should disable the network's connection to
the internet as soon as practical. This is accomplished by disconnecting the power
source from the modem and / or router.
In many instances home networks are connected via wireless routers or access
points, which can be easily hidden.
Homicide Investigations:
• Address books • Telephone records
• E-mails, notes and letters • Diaries
• Financial asset records • Maps
• Internet activity logs • Photos of victim / suspect
• Legal documents and wills • Trophy photos
• Medical records
Narcotics Investigations:
• Address books • False ID
• Calendar • Financial asset records
• Databases • Internet activity logs
• Drug recipes • Prescription form images
• E-mails, notes and letters
INVESTIGATIVE QUESTIONS
PURPOSE: This section is to provide assistance to the patrol officer, detective or
investigator in identifying particular types of electronic crimes as well as providing
general questions which should be asked during the initial phases of the
investigation.
• When and where was the computer obtained? Was it new or used?
• Who has access to the computer hardware and software?
• Where is the computer's electronic media (compact disks, floppy disks, thumb
drives, etc) stored?
• Whose fingerprints might be found on the electronic media?
• If other people have access to the computer, hardware or software can they access
everything on the computer or only certain files, folders or programs?
• How many people use the computer? Who are they?
• What is the level of computer experience of each computer user?
• What times of the day do the individual users have access to the computer?
• What are the user names on the computers?
• What programs are used by each computer user?
• Does the computer require a user name and password? What are they?
• Is there any software that requires a username or password?
• How does the computer have access to the internet (DSL, Cable, Dial-Up, LAN,
etc)?
• Does the victim or suspect have an e-mail account? Who is the service provider
(Yahoo, AOL, Gmail, Hotmail, etc)?
• If e-mails are involved in the case, ask the victim and suspect for their e-mail
addresses.
• Which e-mail client (program) does the suspect or victim use?
• Does the victim or suspect remotely access their computer (can they get into their
computer when away from the office or home)?
• Do any of the users use on-line or remote storage?
• Have any programs been used to “clean” the computer?
• Does the computer contain encryption software or hard drive wiping utilities?
• Is the computer always on?
Victim Questions:
• Are you aware of any unusual activity on any of your accounts?
• What accounts have been compromised?
• Have you provided any personal information to any organization or individual?
• For what purpose was that information provided?
• Have you recently completed any credit applications or loan documents?
• Do you maintain any of your personal information on your computer?
• Have any bills or other financial statements not regularly arrived via mail?
• Have you checked your credit reports?
INVESTIGATIVE QUESTIONS
INVESTIGATIVE QUESTIONS
Victim Questions:
• Has the victim been on-line in any chat rooms?
• Does the victim use the internet, e-mail or chat from any other computers? If so,
at what locations?
• Did the victim provide any information to anyone on line regarding their true
name, age and location?
• What is the victim's e-mail address or on-line chat room name?
• Who is on the victim's “buddy list” in chat rooms?
• Does the victim save / archive chat room logs?
• What type of chat / e-mail client does the victim use?
• What were the specific sexual acts observed in the images or the electronic
communications?
• Has the victim received any pictures or gifts from the suspect?
Suspect/Target Questions:
• Identify the suspect's online screen name and e-mail addresses.
• Obtain all passwords and associated software / usernames used by the suspect.
INVESTIGATIVE QUESTIONS
GALLERY
Computer
Tower
Pager
Blackberry
Cell Phone
Storage Media
(CDs, DVDs, Floppy Disks,
Zip Disks and Flash Cards)
Desktop / Server Hard Drive
Wireless Router
iPod
Thumb Drives
GALLERY
GLOSSARY
CD-R: Compact disk to which data can be written to but not erased.
CPU: Central processing unit. It is the "brain" that performs all arithmetic, logic
and control functions.
FIREWALL: A firewall allows or blocks traffic into and out of a private network or
the user's computer. A firewall is a method for keeping computers secure from
intruders.
HARD DISK: The hard disk is usually inside the PC. It stores information in the
same way as floppy disks but can hold far more data. Popular types of hard disks
are IDE, SCSI and SATA.
ISP: Internet service provider. A company that sells access to the Internet via
telephone or cable line to your home or office.
MEMORY: The electronic holding place for instructions and data that a computer's
microprocessor can reach quickly.
OPERATING SYSTEM: This software is usually loaded into the computer memory
upon switching the machine on. It is a prerequisite for the operation of any other
software.
RAM: Random access memory. The computer's short-term memory that is lost
when the computer is turned off.
REMOVABLE MEDIA: Floppy disks, CDs, DVDs, cartridges and tapes that store
data and can be easily removed.
REMOVABLE MEDIA CARDS: Small data storage media which are more
commonly found in other digital devices such as cameras, PDAs and music
players.
ROUTER: A network device that forwards packets from one network to another.
ZIP DRIVE / DISK: A 3.5-inch removable disk drive. The drive is bundled with
software that can catalogue disks and lock files for security.
GLOSSARY
Online Identity Theft Guide
PREVENTION
• Never give out any of the following information to unknown sources:
• Ensure secure online transactions by locating the closed lock icon at the bottom
right side of your web browser before disclosing personal information.
• Use virus protection software and firewalls to prevent the loss of personal
information from your computer or the introduction of malware.
RESPONSE
• Contact bank or credit card issuer to report fraud.
Equifax - 800-525-6285
Experian - 888-397-3742
TransUnion - 800-680-7289
• File an identity theft complaint with your local police department and the Federal
Trade Commission (FTC) at 877-382-4357.